Opinion
PR 23-0535
11-22-2023
IN THE MATTER OF ROBERT B. FLEMING, An Attorney at Law, Respondent.
ORDER
On September 18, 2023, the Office of Disciplinary Counsel (ODC) filed a Petition for Reciprocal Discipline of Montana attorney Robert B. Fleming, pursuant to Rule 27A of the Montana Rules for Lawyer Disciplinary Enforcement (MRLDE). ODC provided the Court with a certified copy of a July 26, 2022 Order of Admonition and Costs of the Supreme Court of the State of Arizona, admonishing Fleming for violating specified Rules of the Supreme Court of Arizona. The Arizona Order imposes discipline upon Fleming in the form of an Order of Admonition, which shall be entered in Fleming's permanent record at the Arizona State Bar and is not confidential, and the costs and expenses of proceedings.
Pursuant to MRLDE 27B, we granted Fleming until October 20, 2023, in which to inform this Court of any claim predicated upon the grounds set forth in MRLDE 27D as to why discipline identical to that imposed in Arizona should not also be imposed in Montana. Fleming did not file a response within the time allowed.
We have now reviewed this matter and we conclude there is no basis for exception from the general rule of imposition of identical discipline. In this case, we have concluded that Arizona's Order of Discipline is most similar to a written public admonition as provided in our rules.
IT IS THEREFORE ORDERED that the Commission on Practice shall issue a written public admonition to Robert B. Fleming pursuant to MRDLE 9A(5).
IT IS FURTHER ORDERED that Fleming shall pay the costs of these proceedings, subject to the provisions of MRLDE 9C(4)(a) allowing him to file objections to the statement of costs.
The Clerk is directed to provide a copy of this Order to Respondent Fleming, the Commission on Practice, and ODC.
DATED this 21st day of November, 2023.